Turmoil in confectionery

A sweet job – and a bitter dispute

At first glance, the confectionery offered tempting delicacies. But behind it all was a legal dispute for one employee.

(Bild: Wenzel Markus)

A waitress lost her job at a patisserie because she was accused of faking a viral illness. But she was in the right - and now her ex-boss has to dig deep into his pocket. He is threatened with having the fine levied by the executive.

As temptingly sweet as the pastries in the display case are, the aftertaste of her former job in a pastry shop in the southern Burgenland district of Oberwart is just as repulsively bitter for a waitress. Just because she had contracted a contagious viral disease and the boss didn't believe her, the Hungarian was fired on the spot. To avoid any confusion: The well-known pastry shop is not the one at the Kurpark in Bad Tatzmannsdorf.

Everything done correctly according to the law
Immediately after the unpleasant diagnosis, the waitress informed her employer about her unpleasant and painful situation. Instead of wishes for recovery, she received a letter of dismissal days later. The employee had to put up with the accusation that she had only faked her sick leave because she wanted to enjoy an unauthorized vacation.

Employment law expert Tanja Weingrill: "Protracted dispute"

(Bild: AK Burgenland)

Her life took a dramatic turn shortly before Christmas 2021. The waitress refused to put up with the blatant accusations and contacted the legal advice service of the Chamber of Labor in Oberwart. As an out-of-court solution was not possible, the woman concerned filed a lawsuit in court with expert support.

Evidence in court 
"The proceedings showed that her former employer's accusation was incorrect. The waitress was able to prove that she was suffering from a highly contagious viral infection and was demonstrably unable to work," explains AK legal expert Tanja Weingrill. The court of first instance ruled in favor of the employee. The confectionery was ordered to pay more than 9,000 euros.

But the dispute was far from over. Although from a legal point of view there were no grounds for dismissal and the dismissal was therefore unjustified, the former employer did not accept the decision of the court of first instance. An appeal against the original ruling was lodged with the Vienna Higher Regional Court.

It takes a lot of courage and staying power to face such a lengthy and expensive legal dispute. It is precisely in such cases that we stand by those affected.

Arbeitsrechtsexpertin Tanja Weingrill

Penalty payment is collected by execution
All attempts by the confectioner to avert the judgment failed. Now the further proceedings with the help of the Chamber of Labor have also ended in favor of the waitress. After a two-year dispute between the lawyers, the woman can now look forward to a legally binding judgment. To her regret, however, an execution is necessary for her to obtain her rights. The money awarded to her must be collected by the state, as it is said. A bitter aftertaste remains.